Prosecutors in Donald Trump’s Florida papers case say the former president has made a series of public comments that have led to threats against prosecutors, the FBI and court officials — all evidence that a gag order should be issued against Trump.
Federal lawyers from Special Counsel Jack Smith’s office submitted dozens of documents to the judge on Wednesday, including copies of Trump’s social media posts and campaign emails that allegedly led to threats by his supporters against law enforcement.
Trump, the presumptive Republican presidential nominee, has repeatedly falsely claimed that the FBI threatened to kill him and his family when they searched his Mar-a-Lago home on suspicion of illegally keeping reams of classified documents after he left the White House.
Trump, 78, began making these claims on the day of the raid, Aug. 8, 2022, and continued to make them until last month, the FBI said in providing examples of those statements in court documents.
For example, in a May 21 Truth Social post, Trump wrote, “Joe Biden’s Department of Justice authorized the FBI to use lethal force in the illegal and unconstitutional Mar-a-Lago raid.”
Prosecutors allege that Trump misinterpreted a routine authorization to use “deadly force” during an FBI raid on his Mar-a-Lago estate as “an attempt to kill Mr. Trump, his family, and Secret Service agents.” Court filings.
Prosecutors say Trump’s false claims have led members of the public to threaten violence on five occasions, including a man who warned on Truth Social the day after the August 2022 attack, “Prepare for war tomorrow. If you don’t have any ammo, when the gun store/pawn shop/Army Navy store opens tomorrow, cut work and get some.”
Another man was arrested in Texas earlier this month on suspicion of threatening to kidnap and kill an FBI special agent, according to court documents.
Prosecutors have argued in court twice, including on Monday, before federal Judge Eileen Cannon in Florida, asking that Trump be gag-mongered to protect law enforcement from those who may be incited to violence by his false statements.
But Trump’s lawyers argue such an order would violate his free speech rights, especially since Trump is scheduled to appear at a presidential debate with President Biden on Thursday night.
Trump’s lawyer, Todd Blanche, told Cannon at a hearing in federal court in Fort Pierce, Florida, on Monday that if she signs the gag order, Trump could be arrested after the debate if he violates the order during the debate.
“This would be very threatening to President Trump and what he says,” Blanch argued. “If it gets signed, they could arrest him.”
Judge Cannon has yet to rule on the federal government’s motion to modify Trump’s bail conditions to restrict what he can say.
Two other hush money orders have been imposed against the real estate mogul in unrelated criminal cases, including a Manhattan hush money case in which Trump was convicted and a Washington, D.C. case brought against him for his alleged involvement in the Jan. 6 attack on the Capitol.
Trump has pleaded not guilty to 40 charges related to the Florida indictment, which has been postponed indefinitely.
